The Impact of the COVID-19 Pandemic on the Protection of Personal Data
Corresponding Author(s) : Dr. Heidi Eissa
Journal of Law and Emerging Technologies,
Vol. 2 No. 2 (2022)
Abstract
The Coronavirus (COVID-19) has caused tremendous amount of challenges all over the world in various areas, particularly the legal area. One of the prominent areas affected by COVID-19 is the protection of personal data of international travelers upon violation of national quarantine laws.
This paper will discuss, through a real-life example, the extent of protection of personal data of international travelers. It will also explain the legal relations between an international traveler and the country in which the violation takes place. Moreover, the paper will compare the stances of three states in terms of protection of personal data of travelers. It will also shed some light on the issue of conflict of laws.
Finally, the paper will tackle the scope of national quarantine laws, the law applicable to international travelers violating these laws, and overriding mandatory rules.
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- Nicole Mills, Coronavirus Quarantine Rules Will Force International Arrivals into Two-Week Quarantine in Hotels and Caravan Parks, (last updated, March 27, 2020), available at: https://www.abc.net.au/news/2020-03-27/coronavirus-quarantine-laws-force-international-arrivals-hotels/12097312
- Aditya Chaturvedi, The China Way: Use of Technology to Combat Covid-19, (last updated, November 5, 2020), available at, https://www.vifindia.org/article/2020/march/19/china-marshals-4ir-technologies-to-contain-covid-19
- Paul Bischoff , Covid-19 App Tracker: Is Privacy Being Sacrificed in a Bid to Combat the Virus? (last updated, April 20, 2020, Available at, https://www.comparitech.com/blog/vpn-privacy/coronavirus-apps/
- Nectar Gan, A Chinese Australian Woman Breached Coronavirus Quarantine in Beijing to Go for a Jog and Lost her Job (last updated on, March 20, 2020), Available at, https://edition.cnn.com/2020/03/20/asia/beijing-coronavirus-woman-fired-intl-hnk/index.html
- Huang, Covid-19 and Applicable Law to Transnational Personal Data: Trends and Dynamics, University of Sydney Law School Legal Studies Research Paper Series No. 20/23 (2020). DOI: https://doi.org/10.31235/osf.io/uwxtd
- General Data Protection Regulation, 2016/679, art. 6 & 9 (EU), Available at, https://gdpr-info.eu/
- Statement by the EDPB Chair on the Processing of Personal Data in the Context of the COVID-19 Outbreak, (last updated, March 16, 2020), Available at, https://edpb.europa.eu/news/news/2020/statement-edpb-chair-processing-personal-data-context-covid-19-outbreak_en
- Yan Luo, Zhijing Yu et al, China Seeks Public Comments On Draft Measures Related to The Cross-Border Transfer of Personal Information, (last updated, June 13, 2019), available at https://iapp.org/news/a/the-future-of-data-localization-and-cross-border-transfer-in-china-a-unified-framework-or-a-patchwork-of-requirements/
- Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships, art. 15, (I), (Adopted at the 17th session of the Standing Committee of the 11th National People’s Congress on October 28, 2010), available at, https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/cn/cn173en.html
- Decree of the President of the People’s Republic of China, art 4, available at, https://conflictoflaws.net/News/2011/01/PIL-China.pdf
- Interpretation of the Supreme People’s Court, art. 10 (China), Fashi (2012) No. 24, adopted at the third Session of the Judicial Committee of the Supreme People's Court on December 10, 2012, issued on December 28, 2012, entered into force on January 7, 2013, https://hk.lexiscn.com/law/content.php?lawid=2533770&eng=0
- Barbara Li , Bohua Yao , Personal data protection in the time of coronavirus (Covid-19) , Available at, https://www.dataprotectionreport.com/2020/02/personal-data-protection-in-the-time-of-coronavirus-covid-19/
References
Nicole Mills, Coronavirus Quarantine Rules Will Force International Arrivals into Two-Week Quarantine in Hotels and Caravan Parks, (last updated, March 27, 2020), available at: https://www.abc.net.au/news/2020-03-27/coronavirus-quarantine-laws-force-international-arrivals-hotels/12097312
Aditya Chaturvedi, The China Way: Use of Technology to Combat Covid-19, (last updated, November 5, 2020), available at, https://www.vifindia.org/article/2020/march/19/china-marshals-4ir-technologies-to-contain-covid-19
Paul Bischoff , Covid-19 App Tracker: Is Privacy Being Sacrificed in a Bid to Combat the Virus? (last updated, April 20, 2020, Available at, https://www.comparitech.com/blog/vpn-privacy/coronavirus-apps/
Nectar Gan, A Chinese Australian Woman Breached Coronavirus Quarantine in Beijing to Go for a Jog and Lost her Job (last updated on, March 20, 2020), Available at, https://edition.cnn.com/2020/03/20/asia/beijing-coronavirus-woman-fired-intl-hnk/index.html
Huang, Covid-19 and Applicable Law to Transnational Personal Data: Trends and Dynamics, University of Sydney Law School Legal Studies Research Paper Series No. 20/23 (2020). DOI: https://doi.org/10.31235/osf.io/uwxtd
General Data Protection Regulation, 2016/679, art. 6 & 9 (EU), Available at, https://gdpr-info.eu/
Statement by the EDPB Chair on the Processing of Personal Data in the Context of the COVID-19 Outbreak, (last updated, March 16, 2020), Available at, https://edpb.europa.eu/news/news/2020/statement-edpb-chair-processing-personal-data-context-covid-19-outbreak_en
Yan Luo, Zhijing Yu et al, China Seeks Public Comments On Draft Measures Related to The Cross-Border Transfer of Personal Information, (last updated, June 13, 2019), available at https://iapp.org/news/a/the-future-of-data-localization-and-cross-border-transfer-in-china-a-unified-framework-or-a-patchwork-of-requirements/
Law of the People's Republic of China on the Law Applicable to Foreign-Related Civil Relationships, art. 15, (I), (Adopted at the 17th session of the Standing Committee of the 11th National People’s Congress on October 28, 2010), available at, https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/cn/cn173en.html
Decree of the President of the People’s Republic of China, art 4, available at, https://conflictoflaws.net/News/2011/01/PIL-China.pdf
Interpretation of the Supreme People’s Court, art. 10 (China), Fashi (2012) No. 24, adopted at the third Session of the Judicial Committee of the Supreme People's Court on December 10, 2012, issued on December 28, 2012, entered into force on January 7, 2013, https://hk.lexiscn.com/law/content.php?lawid=2533770&eng=0
Barbara Li , Bohua Yao , Personal data protection in the time of coronavirus (Covid-19) , Available at, https://www.dataprotectionreport.com/2020/02/personal-data-protection-in-the-time-of-coronavirus-covid-19/
